De La Cruz vs NLRC : 115527 : August 18, 1997 : J. Padilla : First Div...
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http://sc.judiciary.gov.ph/jurisprudence/1997/aug1997/115527.htm
Petitioners averred that the CSR advised them to return to the vessel not because their
claims were baseless, but because the CSR needed more documents in order to show cause for
interdicting the vessel. When their ITF lawyer confronted the ship captain, the latter assured
them that their grievances would be brought to the shipowners and that there would be no
retaliatory action for those who sought the assistance of the CSR or ITF. Relying on their
captains word, petitioners re-boarded the vessel and returned to their respective posts. The
vessel then sailed to Japan and upon arriving thereat on 26 June 1990, petitioners were
discharged and repatriated to the Philippines on the ground of abandonment of work and
desertion of the M/V White Castle.
Private respondent presented a masters report dated 15 June 1990 prepared by Cpt.
Takemoto, master of the M/V White Castle, to traverse petitioners allegations.[2] The report
stated that petitioners abandoned their respective posts and disembarked from the vessel
without the captains permission in order to seek ITF intervention. In doing so, petitioners not only
violated their employment contracts and the general guidelines on board the vessel, but also
undermined the safety of the vessel which could not set sail for Japan with an undermanned
crew. Consequently, the ships schedule was unnecessarily delayed for more than twenty-four
(24) hours, which exposed the shipowners to damage claims of the vessels charterers.
According to Capt. Takemoto, on 12 June 1990 at 1600 hrs., the M/V White Castle had just
completed loading its cargo of citrus at Long Beach, California and was scheduled to sail out at
1700hrs. On the same day for Tokyo, Japan when the vessels chief officer informed him that one
Filipino crewmember named Gerardo Torres did not return to the vessel since going on shore
leave.
Despite this incident, Captain Takemoto decided to leave behind the missing seaman and
sail on schedule. However, at about 1645 hrs., a US Coast Guard marine inspector came along
side the vessel and requested permission to board and inspect the same due to reports from the
vessels Filipino crew that the vessels equipment, facilities, and accommodation were below the
accepted minimum safety standards. The marine inspector inspected the vessel and found it to
be seaworthy. Takemoto then surmised that the Filipino crew deliberately made a false report to
the US Coast Guard in order to detain the vessel.
Shortly before 1700 hrs., Captain Takemoto was informed by his chief officer that fourteen
(14) Filipino crew members (except for the 2nd officer and 3rd officer) had suddenly disembarked
from the vessel for no apparent reason. Captain Takemoto went down the ship to verify the
report and saw petitioners assembled at the pier. When Takemoto confronted petitioners about
their unauthorized disembarkation, he was met by petitioners complaints about alleged unpaid
wages, double bookkeeping, and poor working conditions. According to Takemoto, the fourteen
(14) Filipino crew then left the pier aboard a bus provided by local ITF investigators.
Unable to secure a clearance from the US Coast Guard because the vessel lacked the
minimum safety manning requirements, Captain Takemoto immediately wired the incident to the
shipowners to verify the complaints of the Filipino crew members. In their reply, the shipowners
informed Captain Takemoto that the Filipino crew members have been paid strictly according to
their contracts and under the ITF JSU/AMOSUP CBA wage scales, with the officers and
engineers receiving additional pay. The remittances of the home allotment pays of the seamen
were also up-to-date. The shipowner then advised the captain that they were dispatching six (6)
Japanese crew members to meet the required minimum safety manning requirements.
Meanwhile, the Filipino 3rd officer disembarked from the ship to join cause with the fourteen (14)
Filipino seamen.
The next day, 13 June 1990 at 1300 hrs., the fifteen (15) Filipino crew members (petitioners)
returned to the vessel under the escort of the US local immigration officers who requested
Captain Takemoto to accept them back to the ship because of their irregular conduct as per
immigration law.[3] While Captain Takemoto knew that the claims of the fifteen (15) Filipino
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